U.S. v. RUIZ-CUADRAS

The opinion of the court was delivered by: GORDON THOMPSON, Senior District Judge

JUDGMENT IN A CRIMINAL CASE

REGISTRATION NO. 82280198

?

THE DEFENDANT:

[x] pleaded guilty to count(s) 1 of the Information
____________________________________________________

? was found guilty on count(s)
___________________________________________________________________________
after a plea of not guilty.

Accordingly, the defendant is adjudged guilty of such count(s),
which involve the following offense(s):

Count
Title & Section Nature of Offense Number(s)

18 USC 1001 FALSE STATEMENT TO A FEDERAL OFFICER 1
The defendant is sentenced as provided in pages 2 through 4
of this judgment. The sentence is imposed pursuant to the
Sentencing Reform Act of 1984.

? The defendant has been found not guilty on count(s)
_________________________________________________________

? Count(s) __________________________________________ is ?
are ? dismissed on the motion of the United States.

[X] Assessment: $100.00/FORTHWITH

[X] Fine ordered waived.

IT IS ORDERED that the defendant shall notify the United States
attorney for this district within 30 days of any change of name,
residence, or mailing address until all fines, restitution,
costs, and special assessments imposed by this judgment are fully
paid. If ordered to pay restitution, the defendant shall notify
the court and United States attorney of any material change in
the defendant's economic circumstances. IMPRISONMENT

The defendant is hereby committed to the custody of the United
States Bureau of Prisons to be imprisoned for a term of THIRTEEN
(13) MONTHS

? The court makes the following recommendations to the Bureau
of Prisons:

? The defendant is remanded to the custody of the United
States Marshal.

? The defendant shall surrender to the United States Marshal
for this district:

? at __________________________ ? a.m. ? p.m. on
______________________________________ as notified by the United
States Marshal.

? The defendant shall surrender for service of sentence at the
institution designated by the Bureau of Prisons:

? before ____________________________________________________

? as notified by the United States Marshal.

? as notified by the Probation or Pretrial Services Office.

RETURN

I have executed this judgment as follows:

Defendant delivered on ________________________ to
_____________________________ at ______________________________,
with a certified copy of this judgment. SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on
supervised release for a term of:

THREE (3) YEARS.

MANDATORY CONDITIONS

The defendant shall report to the probation office in the
district to which the defendant is released within 72 hours of
release from the custody of the Bureau of Prisons.

The defendant shall not commit another federal, state or local
crime.

The defendant shall not illegally possess a controlled
substance.

For offenses committed on or after September 13, 1994:

The defendant shall refrain from any unlawful use of a
controlled substance. The defendant shall submit to one drug test
within 15 days of release from imprisonment and at least two
periodic drug tests thereafter.

? The above drug testing condition is suspended, based on the
court's determination that the defendant poses a low risk of
future substance abuse.

The defendant shall not possess a firearm, destructive device,
or any other dangerous weapon.

If this judgment imposes a fine or a restitution
obligation, it shall be a condition of supervised
release that the defendant pay any such fine or
restitution that remains unpaid at the commencement
of the term of supervised release in accordance with
the Schedule of Payments set forth in this judgment.

The defendant shall comply with the standard conditions that
have been adopted by this court. The defendant shall also comply
with any special conditions imposed.

STANDARD CONDITIONS OF SUPERVISION

1) the defendant shall not leave the judicial district without
the permission of the court or probation officer;

2) the defendant shall report to the probation officer and
shall submit a truthful and complete written report within the
first five days of each month;

3) the defendant shall answer truthfully all inquiries by the
probation officer and follow the instructions of the probation
officer;

4) the defendant shall support his or her dependents and meet
other family responsibilities;

5) the defendant shall work regularly at a lawful occupation,
unless excused by the probation officer for schooling, training,
or other acceptable reasons;

6) the defendant shall notify the probation officer at least
ten days prior to any change in residence or employment;

7) the defendant shall refrain from excessive use of alcohol
and shall not purchase, possess, use, distribute, or administer
any controlled substance or any paraphernalia related to any
controlled substances, except as prescribed by a physician;

9) the defendant shall not associate with any persons engaged
in criminal activity and shall not associate with any person
convicted of a felony, unless granted permission to do so by the
probation officer;

10) the defendant shall permit a probation officer to visit him
or her at any time at home or elsewhere and shall permit
confiscation of any contraband observed in plain view of the
probation officer;

11) the defendant shall notify the probation officer within
seventy-two hours of being arrested or questioned by a law
enforcement officer;

12) the defendant shall not enter into any agreement to act as
an informer or a special agent of a law enforcement agency
without the permission of the court;

13) as directed by the probation officer, the defendant shall
notify third parties of risks that may be occasioned by the
defendant's criminal record or personal history or
characteristics and shall permit the probation officer to make
such notifications and to confirm the defendant's compliance with
such notification requirement. SPECIAL CONDITIONS OF SUPERVISION

[x] Not possess any firearm, explosive device or other
dangerous weapon.

[x] Submit to a search of person, property, residence, abode or
vehicle, at a reasonable time and in a reasonable manner, by the
probation officer.

? If deported, excluded, or allowed to voluntarily return to
Mexico, not reenter the United States illegally and report to the
probation officer within 24 hours of any reentry to the United
States; supervision waived upon deportation, exclusion, or
voluntary departure.

? Not transport, harbor, or assist undocumented aliens.

? Not associate with undocumented aliens or alien smugglers.

[x] Not reenter the United States illegally.

? Not enter the Republic of Mexico without written permission
of the Court or probation officer.

[x] Report all vehicles owned or operated, or in which you have
an interest, to the probation officer.

[x] Participate in a program of drug or alcohol abuse treatment
including urinalysis testing and counseling as directed by the
probation officer.

? Not possess any narcotic drug or controlled substance
without a lawful medical prescription.

? Not associate with known users of, smugglers of, or dealers
in narcotics, controlled substances, or dangerous drugs in any
form.

? Participate in a program of mental health treatment as
directed by the probation officer, take all medications as
prescribed by a psychiatrist/physician, and not discontinue any
medication without permission. The Court authorizes the release
of the presentence report and available psychological evaluations
to the mental health provider, as approved by the probation
officer. Defendant shall sign any releases necessary to permit
doctor to talk to probation officer.

? Take no medication containing a controlled substance without
valid medical prescription, and provide proof of prescription to
the probation officer, if directed.

? Participate in a mental health treatment program as directed
by the probation office.

? Provide complete disclosure of personal and business
financial records to the probation officer as requested.

? Be prohibited from opening checking accounts or incurring
new credit charges or opening additional lines of credit without
approval of the probation officer.

? Provide complete disclosure of personal and business
financial records to the probation officer as requested.

? Seek and maintain full time employment and/or schooling or a
combination of both.

? Resolve all outstanding warrants within days.

? Complete hours of community service in a program approved
by the probation officer within

? Reside in a Community Corrections Center (CCC) as directed
by the probation officer for a period of

? Reside in a Community Corrections Center (CCC) as directed
by the Bureau of Prisons for a period of commencing upon release
from imprisonment.

? Remain in your place of residence for a period of , except
while working at verifiable employment, attending religious
services or undergoing medical treatment.

? Not engage in any form of telemarketing, as defined in
18 USC 2325, without the written permission of the probation
officer.

? The defendant shall participate for a period of in a
home detention program which includes electronic monitoring and
shall observe all rules of such program, as directed by the
probation officer. The defendant shall pay the costs of
electronic monitoring to the contract vendor, not to exceed the
sum of $ for each day of participation in the electronic
monitoring program. The defendant shall provide proof of payment
as directed by the probation officer.

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